Tuesday, June 18, 2013

BP Settlement Claims press Northward

by Bill on June 12, 2013

Zone D Claims ROLL in

bp settlement  If you live in the states of Alabama, Mississippi, and Louisiana, and suffered a loss during the period of the Oil Spill 4/20/10, you could be entitled to file a BP Claim. There have been meetings set up by Attorney General Luther Strange in Birmingham, Huntsville, and Cullman over the last week to educate individuals, and business owners of this fact. Many Business owners and Individuals that live in the Northern areas of these states were unaware that they could file for compensation through the new DeepWater Horizon Settlement Centers.

 The Northern areas of Louisiana, Mississippi, and Alabama, are typically zone D.

A zone D business claim that fits the V-Trend model is the best candidate for getting paid. There are other models, but a business who’s revenue pattern meets the V-trend is by far the easiest claim to prove, and will require the least amount of documentation to file.

For a business in zone D to meet the V-trend revenue pattern, they would see a 15% decline in revenue in 2010, versus the same benchmark period of 09, or 08 and 09, or 07, 08, and 09 averaged together.  It will also see a rise in 2011 of at least 10% during the same benchmark period.

There are several other models such as the modified V-trend, decline only, and the failed business calculation. Businesses which meet a different revenue pattern will most likely have to pass the customer mix test, and claimants will have to identify where their clients came from, how much they spent and when they spent the money. For some businesses this is easy, for others such as restaurants and retailers it can be nearly impossible to track. There are some solutions for the customer mix test.

BP is trying to exclude certain groups from the BP Settlement.

When BP signed the DeepWater horizon Settlement Agreement, they left it uncapped except for the Seafood Compensation aspect. That means that BP could be on the hook for Billions more then they anticipated. They are seeing some large claims come through for Businesses in the Agriculture, Construction, Media ,and Professional areas, and hence want to exclude them. After being shot down by Judge Barbier several times, they are now appealing to the 5th circuit.

BP is also rumored to be in talks with David Cameron the Prime Minister of the U.K., asking him to go directly to President Obama to intervene. After some of the decisions that I have seen the 5th circuit make, I would not be at all surprised that BP may very well get their way. With the right amount of political pressure, accompanied by a huge war chest, and the right Attorneys, my personal opinion is that all bets are off.

Most of the Attorneys we process claims for seem to think that nothing will change. We are not Attorneys, we are claims processors and advocates. My gut says they’re wrong. We have been at this a long time now and have seen crazier things, like Feinberg’s Quick Pays.

Our Team

We do work with Attorneys when necessary,  but usually just on Appeals. We process many claims in house and do work with 2 other processors that I consider the strongest in the business.  Together make up the BP Claims Network. We traditionally charge 15-20% for Business Claims and 25% for Individual claims.

  • We can Assist you with claims that need to be updated from the GCCF days,
  • New claims
  • Incompleteness Notices
  • Denied Claims
  • Claims that have been Appealed by BP
  • Claims that need to be Appealed by the Claimant

If you need help with your BP Claims we will do our best to help you.

 

 

There is a new disclaimer that has appeared on the DeepWater Horizon Website

In layman’s terms this disclaimer states that the deadline to file all Seafood Compensation claims was January 22, 2013 BUT that if you have a Seafood Compensation claim that has not yet been submitted that you may still file it at this time and it will be reviewed on a case by case basis. There are no guarantees any of these claims will be accepted but claimants will be notified on the outcome of the timeliness review.

bp settlementWe have spoken to Attorneys and other Processors about this and most will NOT be taking these claims on, because of the fact that there are no guarantees they will be accepted by the BP Settlement Fund.

We have spoken to our Network partners and WE WILL BE accepting these claims. Why? Because we feel they deserve every opportunity to get paid.  As someone affected by this tragic event very directly, we want to stress that you are the top priority and we will try to help you regardless of the outcome.

If you did not meet the initial deadline, or you know someone who has a claim, but missed the deadline, please forward this to them.

We can Also Assist you with the Following BP Claims:

  1. Business Economic Loss Claims
  2. Medical Claims
  3. Claims that need to be Updated from the GCCF
  4. Claims that have been Appealed
  5. Claims that need to be Appealed
  6. Property Damage Claims
  7. Individual Claims
  8. Failed Business Claims
  9. Claims that are Stalled or have Incomplete Notices from the DeeepWater Horizon Settlement
  10. Claims that have been Denied from the BP Settlement or the GCCF

Menhaden Fishing  Significantly Down

Key figures in the Menhaden Fishing Industry have stated that the fishery is suffering. According to very credible reports given to us at BPClaims.org, the fishery is running around 20%-40% of what it was before the Gulf Oil Spill. This is eerily reminiscent of what happened to the Herring after the Valdez Spill. The fishery seemed stable for 3 years after that spill, and then collapsed. The sad fact is this environmental aftermath is still unfolding. The oil sitting on the bottom of the Gulf of Mexico may continue to cause unforeseen problems for years to come.

DeepWater Horizon Settlement Issues

A vast amount of claimants who contact us do so because they continue to receive incompleteness notices on their case. There are many reasons for these. Deepwater Horizon many times may ask for documentation that you have already submitted. We are not hearing this just from unrepresented individuals and businesses, but also from Attorneys, Processors, and CPA Firms.  Professionals in this Industry are unhappy, and making it known to the leadership of the BP Settlement and their liaisons. We sa this in the beginning of the BP Settlement, but have not seen this for some time.

Quite often instead of receiving an incompleteness notice, we receive a phone call from Postlethwaite & Netterville, this is the accounting group that the Deepwater Horizon Leadership has brought in, and they have done an excellent job. We have not had any issues with Postlethwaite & Netterville, when it comes to being asked for documentation that was already submitted. As I understand it from the people I have talked to, Brown Greer was in charge of those particular claims.

Let’s all remember that Ken Feinberg is the one who hired Brown Greer. Who hired Ken Feinberg? By now we know he was not Independent as he originally advertised; he was bought and paid for by BP. Before anyone could tell what the full extent of damage from the spill would be, Feinberg initially promised to begin compensating the affected with Interim Payments. Instead, he offered Quick Pays and many people had no choice but to take a small amount of money and waive their right to sue BP in the future. Many had lost everything they had and were desperate to put food on the table for their families. Over 200,000 Individuals and Businesses took Quick Pays and many of those were given much less than what they should have rightfully received.

For the record, The Claims Administrator inherited Brown Greer. As I understand it, and I could be wrong, their continued involvement was part of the Settlement Agreement, and BP wanted them in play.

To the leadership’s credit, they foresaw issues from the beginning of the Settlement process and got the accounting firm Postlethwaite & Netterville involved. We deal with P&N quite often when processing your claims and have found them to be most helpful.

GCCF Claims Need to be Updated

Think about this, just under a Million Claims were at the GCCF when they transitioned over to the DeepWater Horizon Settlement. We were told that the information from the GCCF would go right over to the NEW and Improved BP Settlement. It did, but what many people don’t understand is that they still need to update that information to meet the terms of the Settlement. This has been seriously frustrating to many of you who think your claim is still Live at the DeepWater Horizon Settlement. In fact, it is not. Your claim will need to be updated to meet the guidelines of Deepwater Horizon Settlement. The only advantage is that much of your documentation is digitally available, which may make it easier to prepare the claim.

BP`s 5th Circuit Appeal

BP is rumored to have asked Prime Minister David Cameron to intervene on their behalf, and I am sure they have, even though they deny it. Most Attorneys that I speak to don’t think there will be ANY changes when this case gets to the 5th Circuit, but my gut tells me otherwise. In looking at past decisions of the 5th Circuit, they have no problem reversing decisions from the lower courts. If you read the writing on the wall, BP is posturing that this settlement could mean the end of them, and they are appealing to the U.K. leadership to ensure that does not happen. If only they spent this much time and energy harboring a corporate culture that did not put money before safety. It has been proven multiple times they do not. BP has a history of putting money before safety.

If BP gets their way in the 5th Circuit, and eliminates multiple categories within the construction, agriculture, marketing/advertising, and professional fields, these industries will become excluded. They will have in essence, rewritten the BP Settlement. If that is to be the case, may I suggest that since the settlement is being rewritten; let’s allow ALL of the people that took Quick Pays to come back into play. If BP truly wants to make things right, as they are stating in their commercials, let’s bring back the Quick Pays and allow them to be reconsidered since they were preyed upon by Feinberg anyway.

Quick Pays

Besides the explosion and the environmental catastrophe that followed, Quick Pays are perhaps the most devastating aspect of this event. Good people, mostly those that made their living for generations from the Gulf were the hardest hit. Many had little education and had no idea what they were signing. Feinberg came out with the program around Christmas 2010, but it would not hit high gear until April 2011, one year after the spill.

By that time homes were in foreclosure, boats were being repossessed, and people were desperate for money. The 5k or 25k payments were nothing short of extortion.  If BP is going to have the ability to rewrite the settlement, let’s bring Quick Pays back to the table as well. If they’re going to take away, they should give something back in return. Since BP is now stating that the groups that they are trying to exclude were not injured by the Gulf Oil Spill, let’s make sure they help the people that were, and truly make things right, just like their commercials say.

Our Team

We have the BEST PROCESSORS in the country working on your claims. We handle many of them in house, but also work with several other groups that have an extensive track record of getting claims paid. We handle claims for 15%-25%, there are no hidden fees and we don`t get paid until you do.

BP Appeals

Appeals are becoming more and more a part of the DeepWater Horizon Settlement. This is what we have seen, if your Appeal is prepared correctly, and you have the information to support the appeal, the DeepWater Horizon Settlement appeals system spearheaded by David Duval will compensate you what you are owed. NAICS codes have a lot of weight in this equation, but often they are incorrect. Often we are finding that the CPA`s a business used to file their taxes used the incorrect code. There are many variables when it comes to the appeals process, if you need assistance we have a team that specializes in appeals.

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BP Needs to abide by the BP Settlement

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BP Settlement and the 5th Circuit

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Judge Barbier Stands Up for You

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BP gets what they deserve in Court: Nothing

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BP`s Logic or Lack there OF on the News

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  Last night a news segment aired in New Orleans which I highly recommend that you view. I found this report to be extremely informative and enlightening. It also gave a great overview of what exactly is going on and what is at stake for the claimants in reference to the BP Settlement situation. As [...]

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BP tries to Wiggle

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Just for the record, I am going to say, “I told you so.”  While everyone was booing the folks that run the settlement, and some thought they were in BP`s pockets, these folks were on your side. Nothing could have proved it more than the stance the BP Settlement Leadership has taken against BP in [...]

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BP Seeks to Exclude certain Industry Groups from the Settlement

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BP Settlement and a few new wrinkles: maybe Just when you think the BP Settlement is what it is, and yes there are a few things wrong with it, a contingent of Plaintiff Attorneys (who have some valid points) and BP want to change things. It is apparent that Pat Juneau and Judge Barbier are [...]

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